I wanted to shed some light on a recent issue that has become somewhat public, and now very public. A few months ago the HOA office sent out a large number of warning letters to Hamlet Homes owners in Eastlake Village informing them that their backyards were not compliant with the Daybreak CC&R’s and that if their backyards were not brought into compliance with the CC&R’s by May1st they would have to pay fines. Apparently the HOA office has been peeking over fences into Daybreak Homeowners backyards to check to see if they are compliant, which I believe is an invasion of privacy and kind of creepy.

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     Now don’t get me wrong, I don’t have an issue with Daybreak Homeowners backyards being reviewed via an appointment with the HOA office to ensure the backyards are in fact complaint with the CC&R’s. I only have a problem with how the HOA is going about ensuring Daybreak Homeowners are in fact in compliance with the CC&R’s. And I also believe that the HOA should get permission from the Daybreak BOD before they send out a large amount of letters like this, considering these backyards were ALL installed by the Hamlet Homes, and the fact there were so many homes affected, you would think that the HOA might have realized this could possibly a builder issue.

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     In the recent days since this issue has been brought to light Kennecott land has instructed Hamlet Homes that they need to go back to all the homes affected and update all the backyards in question at their own expense and that all of the updates must be completed by September 2009. So if you are a Hamlet Homes owner in Eastlake Village and have received one of the threatening letters from the Daybreak HOA you can shred it and recycle it and I would suggest contacting Hamlet Homes or the HOA to schedule your backyard restoration.

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I should have updated this before (Thanks for the note David), since this article was written, the Dyabreak BOD decided to just approval all the Hamlett Homes effected by this mix up with the HOA and Hameltt. So all in all hopefully this is something that won;t happen again.

     There is a recent trend happening in Daybreak, and it is not a good one. More and more Daybreak Homeowners are getting liens placed on their homes and most of the homeowners don’t even know that they have a lien on their home. Now I understand that in order for a lien to be placed on a home the homeowner needs to be notified or served, however in some cases this is not being done. The builders I have personally heard about having issues in Daybreak with liens are Destination Homes, Homes Homes, and Rainey Homes; however there could be other builders who are having issues with their subcontractors as well. Now I am no expert on these type of things or how they work, yet I would encourage all Eastlake Village or North Shore Village homeowner’s reach out to their realtor or their title company to see if they can check to see if there are any liens on their property (to date). I also believe and I could be wrong that there is only a certain timeframe in which a homeowner can petition to get a lien removed from their property.

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     Just yesterday I was contacted by a North Shore homeowner (Mr. Morgan) who only found out about the lien on his home when he went to refinance his home recently. And in case this case, there was also a lawsuit filed against a number of Destination Homeowners, none of which were ever properly served per the due process laws of our legal system. Mr. Morgan asked me to post a copy of the lawsuit in hopes that if some of the Daybreak homeowners named in the lawsuit were not aware could be notified via this article by any readers who might know them. If any of the homeowners named in the lawsuit have any questions on how to get the lien removed from their home and how to get their named taken off the lawsuit referenced on the attached document please feel free to contact Mr. Morgan at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

Attachments:

Calply-Lawsuit.pdf

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